I 140 Denied -suggestions please

[susan ward]

Help I 40 denied


Hi

Friend came to US on L visa



Employer/ friends Mum, Dad and child concurrently filed I 140 and I 1485's

The I 140 has been denied and so the I 485's have been cancelled.

Her attorney says the reason is because the holding company and USA company have not been set up properly with the same share ratio

This is going to the BIA as attorney thinks the USCIS is wrong

The appeal will take 5 months by which time the child will be over 21 years

She has asked me what I think! She knows I am not an attorney but still wanted my opinion

I suggested she asked the holding company to correct the share issue and re-file I140 and the I 485's so that if the appeal is denied they will still has a case pending when the child becomes 21years!!!


I am not sure if she re-files new application will this cancel the appeal?

Also advised her to seek second opinion as her attorney seems to be on a mission and does not want to re-file but will not give her the answer to this or the above question

Any comments would be appreciated

Thanks Sue
www.expatsvoice.org

 

[Miamivice4u]

I-140 Denied

I do not know much about this but in my case i send the last 3 1120's of the company and 3 w-2's, they send another letter telling me that they request additional information about 5 w-2's from 2001 to 2005, they did not mention nothing about the company, i don't even see that the case status change is blank, only telling me that they send for additiona information request, i found a place over the internet who tells wich steps an immigration officers follows to approve I-140, and they said that if your employer does not have enought money to pay the priveleage wage they also check the net income plus the net assets and it minus liabilities the radius shoult not come under one, like this radius1:35:5 means good but if it is less than that they the denied but they can appeal the decition, i will try to post the info for appealing soon, Thank you

 

[Rambi]

I do not know much about this but in my case i send the last 3 1120's of the company and 3 w-2's, they send another letter telling me that they request additional information about 5 w-2's from 2001 to 2005, they did not mention nothing about the company, i don't even see that the case status change is blank, only telling me that they send for additiona information request, i found a place over the internet who tells wich steps an immigration officers follows to approve I-140, and they said that if your employer does not have enought money to pay the priveleage wage they also check the net income plus the net assets and it minus liabilities the radius shoult not come under one, like this radius1:35:5 means good but if it is less than that they the denied but they can appeal the decition, i will try to post the info for appealing soon, Thank you

Hi Miamivice4u

Can you please share the link that you've found, which tells which steps an immigration officers follows to approve I-140?

Thanks,

 

[Miamivice4u]

I-140 denied suggestions

You must read carefully the entire document there are 10 pages, and beleave me i have read it 5 times to make sure if I have to appeal i will try to do my best but i do not know yet, here is the link. www.ilw.com/articles/2005,0118-guevara.shtm , i hope it works for your friend all the tips they give here.